Common use of Actual Costs Clause in Contracts

Actual Costs. Within ninety (90) days after the end of each year after the Base Year or as soon thereafter as practicable, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the actual Operating Costs and Taxes in excess of the Base Amounts during the preceding year. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, exceed the estimates for each paid by Tenant during the year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within forty-five (45) days after receipt of such statement. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, are less than the amount paid by Tenant to Landlord, then the amount of such overpayment by Tenant shall be, at Landlord's option, credited against any amounts owed by Tenant under this Lease, refunded by check to Tenant, or credited against the next Rent payable by Tenant hereunder. Notwithstanding any other provision of this Section 10, Tenant shall not receive any credit or offset against any other amount payable under this Lease to the extent either actual Operating Costs or Taxes are less than the applicable Base Amount.

Actual Costs. Within ninety (90) days after the end close of each year after ------------ Lease Year during the Base Year or as soon thereafter as practicableterm hereof, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the actual Operating Actual Costs, with a line item breakdown, and the Actual Costs and Taxes in excess of Allocable to the Base Amounts Premises, during the preceding yearLease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If the actual Operating Costs in excess of such costs for any Lease Year less the Base Amount or actual Taxes in excess of the Base Amount, or both, exceed the estimates for each amounts paid by Tenant during the yearto Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within forty-five thirty (4530) days after receipt of such statementstatement by Tenant. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, are such statement shows such costs to be less than the amount paid by Tenant to LandlordLandlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be, at Landlord's option, be credited against any amounts owed by Tenant under this Lease, refunded Landlord to the next Rent payable by check Tenant. In the event such overpayment cannot be fully credited by Landlord to Tenant, or credited against the next Rent payable by Tenant hereunder. Notwithstanding due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other provision of this Section 10, Tenant shall not receive any credit or offset against any other amount payable charges due under this Lease and, to the extent either actual Operating Costs or Taxes no such charges are less than due, shall be refunded to Tenant by Landlord within thirty (30) days of the applicable Base AmountLease Expiration Date.

Actual Costs. Within ninety (90) days after the end close of each year after Lease Year during the Base Year or as soon thereafter as practicableterm hereof, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the actual Operating Actual Costs and Taxes in excess of Allocable to the Base Amounts Premises during the preceding yearLease Year. If the actual Operating Costs in excess of such costs for any Lease Year less the Base Amount or actual Taxes in excess of the Base Amount, or both, exceed the estimates for each amounts paid by Tenant during the yearto Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within forty-five thirty (4530) days after receipt of such statementstatement by Tenant. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, are such statement shows such costs to be less than the amount paid by Tenant to LandlordLandlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be, at Landlord's option, be credited against any amounts owed by Tenant under this Lease, refunded Landlord to the next Rent payable by check Tenant. In the event such overpayment can not be fully credited by Landlord to Tenant, or credited against the next Rent payable by Tenant hereunder. Notwithstanding due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other provision of this Section 10, Tenant shall not receive any credit or offset against any other amount payable charges due under this Lease and, to the extent either actual Operating Costs or Taxes no such charges are less than due, shall be refunded to Tenant by Landlord within thirty (30) days of the applicable Base AmountLease Expiration Date.

Actual Costs. Within ninety (90) days after the end of each year after the Base Year or as soon thereafter as practicableYear, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the actual Operating Costs and Taxes in excess of the Base Amounts during the preceding yearYear. Landlord shall be entitled to correct such statement to increase the amounts charged to Tenant only if such correction is made within three (3) years after the initial delivery of the statement to Tenant (or such longer period in the case of increased actual Taxes billed to Landlord by applicable taxing authorities). If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base AmountTaxes, or both, exceed the estimates for each paid by Tenant during the yearYear, Tenant shall pay the amount of such excess to Landlord as Additional Rent within forty-five thirty (4530) days after receipt of such statement. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base AmountTaxes, or both, are less than the amount paid by Tenant to Landlord, then the amount of such overpayment by Tenant shall be, at Landlord's option, credited against any amounts owed by Tenant under this Lease, refunded by check to TenantTenant (which shall occur if the reconciliation is after termination of this Lease), or credited against the next Rent payable by Tenant hereunder. Notwithstanding any other provision of this Section 10, the Rent payable by Tenant shall not receive any credit or offset against any other amount payable under this Lease to the extent either actual Operating Costs or Taxes are in no event be less than the applicable Base AmountRent specified in Section 1(h) hereof.

Actual Costs. Within ninety (90) days after the end close of ------------ each year after Lease Year during the Base Year or as soon thereafter as practicableTerm hereof, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the actual Operating Actual Costs and Taxes in excess of Allocable to the Base Amounts Premises during the preceding yearLease Year. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, such costs for any Lease Year exceed the estimates for each amounts paid by Tenant during the yearto Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within forty-five thirty (4530) days after receipt of such statementstatement by Tenant. If the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, are such statement shows such costs to be less than the amount paid by Tenant to LandlordLandlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be, at Landlord's option, be credited against any amounts owed by Tenant under this Lease, refunded Landlord to the next Rent payable by check Tenant. In the event such overpayment can not be fully credited by Landlord to Tenant, or credited against the next Rent payable by Tenant hereunder. Notwithstanding due to the expiration of the Term of this Lease, any remaining overpayment shall be credited by Landlord to any other provision of this Section 10, Tenant shall not receive any credit or offset against any other amount payable charges due under this Lease and, to the extent either actual Operating Costs or Taxes no such charges are less than due, shall be refunded to Tenant by Landlord within thirty (30) days of the applicable Base AmountLease Expiration Date.